Presumption of culpable mental state shifts burden to accused to prove absence of such state beyond reasonable doubt. The Act presumes the existence of a culpable mental state in prosecutions requiring it, while allowing the accused to defend by proving absence of that ... Summary
Presumption of culpable mental state shifts burden to accused to prove absence of such state beyond reasonable doubt.
The Act presumes the existence of a culpable mental state in prosecutions requiring it, while allowing the accused to defend by proving absence of that state; "culpable mental state" covers intention, motive, knowledge, and belief or reason to believe. A fact is regarded as proved only when the Court believes it exists beyond reasonable doubt, not by a preponderance of probability.
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